Potter v. Tucker
Alabama Court of Appeals
Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by J. W. Tucker, and T. W. Morrow against G. W. Potter. Judgment for plaintiff and defendant appeals.
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Appeal from Etowah Circuit Court. Heard before Hon. J. E. Blackwood. Assumpsit by J. W. Tucker, and T. W. Morrow against G. W. Potter. Judgment for plaintiff and defendant appeals. Tbe complaint was not sufficient to support a cause of action in that it failed to state tbe day, month and year of tbe notes. —Central L. Co. v. McClure L. Co., 61 South. 821; Sloss-Shefield v. Sampson, 158 Ala. 590. Tbe appeal being from a justice court tbe complaint should have been filed in tbe circuit court, and a judgment in tbe circuit court without such complaint is erroneous.— Simmons v. Titche, 102 Ala.…
1Opinion of the CourtPelham, P. J.
The complaint on which the case was tried in the justice’s court certified in the transcript *468from that court filed, in the circuit court, and upon which judgment by default was rendered, was on three promissory waiver notes, averring the notes to have been executed on the 27th day of January (without stating the year), and payable two, four, and six months from date, with interest.
The judgment entry, stating that the defendant did not appear in the circuit court is conclusive, in the absence of anything to the contrary shown by the record; and even though it be conceded that the defendant had…
2Cases cited13 opinions
- Kennon v. GilmerSupreme Court of the United States · 1889
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Ex parte ParkerSupreme Court of Alabama · 1911
- Hopkins v. OrrSupreme Court of the United States · 1888
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
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